PROUDLY SERVING SOUTH DAKOTA
Award-Winning Attorneys
The Law Office of Clayborne, Loos and Sabers, LLP |
Professional Legal Counsel When You Need it Most
South Dakota Criminal Defense Lawyer
Trusted criminal defense lawyers serving clients across South Dakota with more than 35 years of combined experience.
If you’ve been arrested or charged with a crime, understanding your rights and which steps to take next is critical. A charge is not a conviction. Our South Dakota criminal defense lawyer can review the allegations, explain what you’re facing, and start building a defense. At Loos, Sabers & Smith, LLP, we bring more than 35 years of combined courtroom experience to people accused of crimes across the state. We are ready to stand between you and the prosecution. Contact our office to schedule a consultation and learn where your case stands.
Criminal Defense Lawyer South Dakota
A criminal defense lawyer represents people who have been accused of breaking the law. That work covers everything from the first conversation with police to the final argument at trial. A South Dakota criminal defense attorney reviews the evidence, challenges how it was gathered, negotiates with prosecutors, and protects the rights guaranteed to every person facing charges. Much of the work happens before a jury ever hears a word.
A conviction can mean jail time, fines, a permanent record, and consequences that follow you into work and housing. Some charges can also affect your right to own a firearm or hold certain licenses. Defense work is about making the state prove its case. We hold prosecutors to their burden, test their evidence, and look for every weakness in the case against you. The earlier we get involved, the more options you usually have.
Types of Criminal Defense Cases We Handle in South Dakota
We represent people facing a wide range of charges throughout South Dakota. Each case calls for its own approach, and we shape our defense around the facts in front of us. Below are the kinds of matters our criminal defense attorneys handle for clients across the state.
DUI and drunk driving charges. We challenge traffic stops, field sobriety tests, and breath and blood evidence. The penalties that follow a first offense and a repeat offense differ sharply, and we prepare for both. There are several defenses available, and the way an officer conducted the stop can change the entire case.
Drug offenses. Possession, distribution, and related charges can bring serious penalties in South Dakota. Our attorneys examine how evidence was found and whether police followed the law during the search. An unlawful search can keep that evidence out of court.
Theft and property crimes. Shoplifting, larceny, and similar charges turn on intent and proof of value. Our defense looks closely at what the state can actually establish and where its proof falls short.
Assault and violent crimes. These cases often come down to conflicting accounts of what happened. We investigate the full story, gather records, and test the credibility of every witness who points a finger.
Misdemeanor charges. A misdemeanor still carries fines, possible jail, and a lasting record. We treat lower-level charges with the same care we give to felonies, because the consequences reach further than people expect.
Juvenile offenses. Cases involving young people call for a different focus, one aimed at protecting a child’s future. We understand how juvenile matters move through the system and where diversion may be possible.
Domestic-related charges. Allegations between family members or partners often involve restraining orders and strong emotions. We work to separate the facts from the heat of the moment and to safeguard your rights throughout.
White collar and financial crimes. Fraud, embezzlement, and theft involving money require careful review of documents and records. We dig into the paper trail and build a response grounded in the numbers. These cases often hinge on intent, which is rarely as clear as the charging documents suggest.
Why Choose Loos, Sabers & Smith, LLP as my Criminal Defense Lawyer in Rapid City, SD?
When you hire a criminal defense lawyer in South Dakota, you want someone who knows the courts, the prosecutors, and the law in this state. Our firm has served South Dakota clients for decades, and our attorneys appear regularly in courts across the region.
Courtroom Background That Matters
Our criminal defense attorney, Erica M. Reber, focuses her practice on criminal defense, family law, and civil litigation. Before joining our firm, she served as a Deputy State’s Attorney, where she prosecuted misdemeanor and juvenile cases. In that role she prepared and argued complex motions, handled jury trials, and made sentencing arguments. Erica also helped implement Lincoln County’s first juvenile diversion program. That background gives her a clear view of how the other side builds and presents a case, which shapes how she defends against it. Her law degree comes from the University of South Dakota Knudson School of Law, where she graduated in the top 20 percent of her class and served on the trial team. She is accessible, responsive, and committed to helping you reach your goals.
Local Knowledge Across South Dakota
We are based in Rapid City and represent clients across the state. Our attorneys know how local courts operate and what to expect from the people who work in them. That familiarity helps us prepare cases that fit the venue, the judge, and the prosecutor on the other side. We handle each matter with steady preparation and direct communication, so you always know where things stand and what comes next. When the facts call for it, we are prepared to take a case to trial rather than accept a resolution that does not serve you.
What Is Important To Understand About Criminal Defense Cases?
South Dakota law sorts crimes into two main groups. Felonies are the more serious category and can carry imprisonment in the state penitentiary. Misdemeanors are less serious and generally carry shorter jail terms, served locally, along with fines. Within each group, the law breaks offenses into classes, and the class sets the range of possible punishment for a given charge.
Understanding the framework helps you understand your exposure. Here are the core concepts that shape most criminal cases:
Burden of proof. The state must prove guilt beyond a reasonable doubt, the highest standard in the law, and that burden never shifts to you.
Charges and classification. The class of the offense determines the maximum penalty you face and often drives the negotiation.
Constitutional rights. The right to remain silent, the right to counsel, and protection against unlawful searches all apply from the start.
Defense strategy. This can include challenging evidence, questioning procedure, negotiating a resolution, or taking the case to trial.
Penalties. Outcomes range from fines and probation to incarceration, depending on the charge, the facts, and your history.
What Are Important Aspects of a Criminal Defense Case?
Every case turns on a handful of pressure points. How the evidence was collected often decides what a prosecutor can use at trial. If you find yourself facing charges, knowing the dos and don’ts early can protect your position. A few aspects deserve attention:
How and why police made the stop or arrest.
Whether searches and seizures followed proper procedure.
The reliability of witnesses and any statements you made.
Whether your rights were respected at each step of the process.
What Is The Criminal Defense Case Timeline?
Criminal cases move through predictable stages, though the pace varies with the charge and the court. Many clients want to know what to expect once a case is filed. A general path looks like this:
Arrest or citation, followed by the initial appearance before a judge.
Bond or release conditions are set.
Arraignment, where the charges are formally read and a plea is entered.
Pretrial motions and negotiations between the defense and the prosecution.
Trial, if the case is not resolved beforehand, followed by sentencing when there is a conviction.
What Should You Bring to Your Criminal Defense Consultation?
Bringing the right materials helps us assess your case quickly and accurately. Gather what you can before we meet:
Any charging documents, citations, or court paperwork you received.
The names of any officers or witnesses involved.
A written timeline of events as you remember them.
Records of any prior charges or convictions.
Come ready to talk openly. The first meeting is where we listen, answer your questions, and explain the road ahead in plain language.
What Are Important South Dakota Legal Resources for Criminal Defense Cases?
South Dakota publishes its laws and court information so the public can find them. The resources below are a starting point for understanding the system, not a substitute for advice about your own case. Knowing where the rules live can help you ask better questions when we meet. One time limit worth knowing is the criminal statute of limitations, which sets how long the state has to bring charges after an alleged offense.
The South Dakota Codified Laws hold the statutes that define crimes and set penalties.
The Unified Judicial System explains how the state courts are organized and operate.
Under state law, most felonies and misdemeanors carry a seven-year limit to begin prosecution, while the most serious felonies have no time limit at all.
The South Dakota Attorney General’s Consumer Protection division publishes information on consumer and related matters.
You can also review court records access rules through the state judicial system.
Reach Out to Loos, Sabers & Smith, LLP to Schedule a Consultation
A charge can feel intimidating and uncertain. Our criminal defense attorneys are ready to review your situation and explain your options in plain terms. We aim to respond promptly and to keep you informed at every stage. Contact us to schedule a consultation and take the first step toward your defense.
LOCATIONS SERVED
South Dakota
Rapid City, SD
Sturgis, SD
Spearfish, SD
Deadwood, SD
Black Hills, SD
Case Results
$4,999,257
Arbitration award for wrongful termination of contract; upheld on appeal; Spiska v. SPM Thermo-Shield, 730 N.W.2d 683 (SD 2007)
$1,250,000
Policy limits settlement involving bi-lateral lower leg fractures caused by head-on collision.
$690,000
Settlement regarding spousal assault
$500,000
Policy limits settlement for traumatic brain injury and vision deficits as a result of motor vehicle accident
$400,000
Settlement for insurance bad faith related to wrongful denial of workers compensation benefits
$300,000
Verdict for traumatic brain injury from motor vehicle accident
$160,000
Settlement for assisted living resident injured while being transported to medical appointment
$100,000
Settlement for fall at assisted living center
GOOGLE REVIEW
Client Review
“I witnessed Holly in trial she won our case for us, I was very impressed by her she was very professional and her demeanor was amazing. She has the greatest personality and she truly wants the best for her clients. I will come to her for all of my legal issues. Thank you Holly for giving our family justice.” Lauren Sewell